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" Whether a stipulation in a contract of sale is a condition the breach of which may give rise to a right to treat the contract as repudiated or a warranty the breach of which may give rise to a claim for damages, but not to a right to reject the goods... "
The Sale of Goods Act, 1893: Including the Factors Acts, 1889 & 1890 - Side 26
av Sir Mackenzie Dalzell Edwin Stewart Chalmers - 1899 - 220 sider
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State Reports Queensland

Queensland. Supreme Court - 1913 - 404 sider
...as a ground for treating the contract as repudiated. '' (2) Whether a stipulation in a contract for sale is a condition the breach of which may give rise...repudiated, depends in each case on the construction of the contract : A stipulation may be a condition, though called a warranty in the contract. " (3) When a...
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The Elements of Mercantile Law

Thomas Moffitt Stevens, Herbert Jacobs - 1903 - 536 sider
...warranty is an agreement collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages, but not to a right to...reject the goods and treat the contract as repudiated (m). It is not every representation relating to the subjectmatter of the sale, which amounts either...
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The Judicial Dictionary, of Words and Phrases Judicially ..., Volum 3

Frederick Stroud - 1903 - 920 sider
...a Contract of Sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to...reject the goods and treat the contract as repudiated: — As regards Scotland, a breach of Warranty, shall be deemed to be, a failure to perform a material...
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The Consolidated Ordinances of the Yukon Territory, 1902: Being a ...

Yukon Territory - 1903 - 820 sider
...condition as a breach of warranty and not as a ground for treating the contract as repudiated. (a) Whether a stipulation in a contract of sale is a condition the breach of which may give rise to aright to treat the contract as repudiated or a warranty the breach of which may give rise to a claim...
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A Treatise on the Law of Contracts

Joseph Chitty - 1904 - 940 sider
...condition as a breach of warranty, and not as a ground for treating the contract as repudiated. (b) Whether a stipulation in a contract of sale is a condition,...right to reject the goods and treat the contract as same construction and effect as they would have theretofore received in Courts of equity. (a) As in...
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Encyclopædia of Accounting, Volum 6

George Lisle - 1904 - 514 sider
...a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to...reject the goods and treat the contract as repudiated ; as regards Scotland a breach of warranty is deemed to be a failure to perform a material part of...
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Goodeve's Modern Law of Personal Property

Louis Arthur Goodeve - 1904 - 548 sider
...a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated.4 The buyer may waive a condition to be fulfilled by the seller, When JJ * condition, or...
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Bank Bookkeeping and Accounts: A concise treatise showing the application of ...

John A. Meelboom - 1904 - 184 sider
...contract of sale but collateral to the main purpose of such contract, the breach of which agreement gives rise to a claim for damages but not to a right to reject the goods or to treat the contract as repudiated. See Sale of Goods Act, Section 62. WATERING. The act of increasing...
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Abridgment of Elementary Law: Embodying the General Principles, Rules and ...

M. E. Dunlap (Counsellor at law) - 1905 - 620 sider
...condition as a breach of warranty, and not as a ground for treating the contract as repudiated. (4) Whether a stipulation in a contract of sale is a condition,...but not to a right to reject the goods and treat the contraet as repudiated, depends in each case on the construction of the contract. A stipulation may...
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The Western Law Reporter Canada and Index-digest, Volum 8

L. S. Le Vernois, Esten Kenneth Williams, Edward Betley Brown - 1908 - 1130 sider
...of a contract of sale but collateral to the main purpose of such contract, the breach of which givrs rise to a claim for damages but not to a right to...reject the goods and treat the contract as repudiated. No definition of a "condition" is given in the Ordinance. Chalmers in his Sale of Goods Act, in the...
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